Taylor Porter
July 2014
Regulatory Alert
LDEQ Regulation – RP056ft
Maintaining Equivalency with Federal Regulations
LAC 33:XV.102, 304, 322, 328, 410, 417, 431, 499, 573 and 763
FINAL RULE – 7/20/2014
The rule amends Louisiana’s Radiation Protection regulations in response to changes to the federal program at 10 CFR 20, 30, 32 and 35. In order to remain consistent with federal requirements, extensive amendments are proposed to:
  • Section 102 – Definition of Radiation Area;
  • Section 304 – Radioactive Material Other Than Source Material (Exempt Concentrations, Quantities and Items);
  • Section 322 – General Licenses: Radioactive Material Other Than Source Material;
  • Section 328 – Special Requirements for Specific License to Manufacture, Assemble, Repair or Distribute Commodities, Products or Devices that Contain Byproduct Material;
  • Section 410 – Occupational Dose Limits for Adults;
  • Section 417 – Dose to an Embryo/Fetus;
  • Section 431 – Conditions Requiring Individual Monitoring of External and Internal Occupational Dose;
  • Section 499 – Appendix A: Assigned Protection Factors for Respirators and Appendix B: Annual Limits on Intake (ALI) and Derived Air Concentrations (DAC) of Radionuclides for Occupational Exposure; Effluent Concentrations for Release to Sanitary Sewerage;
  • Section 573 – Conducting Industrial Radiographic Operations;
  • Section 713 – Use of Radionuclides in the Healing Arts – Suppliers; and
  • Section 763 – Training. 
Conditional Exclusions for Solvent Contaminated Wipes
LAC 33:V.105.D and 109
FINAL RULE – 7/20/2014
In order to stay consistent with the exclusions provided in the federal regulations, LDEQ has amended Sections 105 and 109 of the state’s hazardous waste regulations. The revisions exclude specified solvent-contaminated wipes that are sent for cleaning and reuse from the definition of solid waste and establish that solvent-contaminated wipes that are sent for disposal, except for those that are hazardous waste due to the presence of trichloroethylene, are not hazardous waste from the point of generation provided certain conditions are met.
LDEQ Regulation – AQ343ft
2013 Annual Incorporation by Reference of Certain Federal Air Quality Regulations
LAC 33:III.506, 507, 2160, 3003, 5116, 5311 and 5901
FINAL RULE – 7/20/2014
The final rule is LDEQ’s incorporation by reference (IBR) of the following federal air quality standards, procedures and regulations required for the state’s air quality program to remain in compliance with federal regulations (Any exception to the IBR is listed in the  rule.):
1) 40 CFR Part 51, Appendix M (Method 43 – Capture Efficiency Test Procedures);
2) 40 CFR Part 60 (Standards of Performance for New Stationary Sources);
3) 40 CFR Part 61 (National Emission Standards for Hazardous Air Pollutants);
4) 40 CFR Part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories);
5) 40 CFR Part 68 (Chemical Accident Prevention and Minimization of Consequences);
6) 40 CFR Part 70.6(a) (Part 70 Operating Permits Program); and
7) 40 CFR Part 96 (SO2 Model Rule). 
LDEQ Regulation – RP057ft
Licenses for Irradiators and Well Logging; Compatibility Changes; Transportation Notifications; and Technical Corrections
LAC 33:XV.102, 325, 326, 331, 550, 1519, 1599, 1731 and 1733
PROPOSED RULE – 7/20/2014
The proposed rule amends the state’s Radiation Protection regulations in response to changes to the federal program at 10 CFR 30, 31, 34, 36, 39, 40 and 71. In order to remain consistent with federal requirements, minor amendments are proposed to:
1) Section 102. Definitions. New definitions are proposed for the terms “Indian Tribe” and “Tribal Official,”
2) Section 325. General Requirements for the Issuance of Specific Licenses. Language is amended to clarify that upon determination that an application meets the requirements of these regulations; the department shall issue a specific license authorizing the possession and use of byproduct material.
3) Section 326. Specific Licenses for Well Logging Requirements. New requirements for the issuance of well logging licenses are added to the regulations.
4) Section 1519. Advance Notification of Shipment of Irradiated Reactor Fuel and Nuclear Waste. Revisions add new provisions for the notification of Tribal Officials.
In addition, corrections are proposed to citation references throughout the regulations.
August 27, 2014
1:30 PM
August 27, 2014
4:30 PM 
LDEQ Public Notice – Draft Water Discharge General Permit Reissuance of General Permit for Discharges of Storm Water From Construction Activities Five (5) Acres or More
Permit Number LAR100000
Coverage under this general permit is limited to operators discharging storm water from construction activities that disturb five acres or more or smaller areas which are part of a larger common plan of development or sale where the area of disturbance is cumulatively at least five acres. In addition, the reissuance permit also provides for coverage for construction sites of under five acres of disturbed land where designated by the State Administrative Authority.
The current LAR100000 General Permit expires on September 30, 2014. The draft permit is available for review in the LDEQ EDMS System – Document# 9366356.
Requests for a Public Hearing must be submitted by August 20, 2014 (4:30 PM)
August 20, 2014
4:30 PM
Note: All correspondence to LDEQ should specify AI Number 83363, Permit Number LAR100000, and Activity Number PER20120001.
LDNR Regulation
Minimum Disinfectant Residual Levels in Public Water Systems
LAC 51:XII.311, 355, 357, 361, 363, 367, 903, 1102, 1105, 1113, 1117, 1119, 1125, 1133, 1135, 1139 and 1503
EMERGENCY RULE – 7/20/2014
On July 5, 2014, the LDHH State Health Officer adopted an Emergency Rule governing the minimum disinfectant residual levels in public water systems. This Emergency Rule:
  • increases the minimum disinfection residual levels that are required for public water systems;
  • increases the number of residual measurements taken monthly by 25 percent; and
  • clarifies that daily residual measurements are required at the point of maximum residence time in the distribution system and records of chlorine residual measurements must be recorded and retained as required by the National Primary Drinking Water Regulations.  
LDNR Regulation
Office of Conservation - Extension of the Deadline for Drilling and Completion Operational and Safety Requirements for Wells Drilled in Search or for the Production of Oil or Natural Gas at Water Locations - Statewide Orders No. 29-B and 29-B-a
LAC 43:XIX.Chapters 2 and 11
The Emergency Rule expands the rules governing the required use of storm chokes, in order to prevent blowouts or uncontrolled flow in the case of damage to surface equipment and extends the effectiveness of the new drilling and completion requirements for oil and gas wells at water locations for the following items pursuant to Chapter 2 provisions and amendments to Chapter 11 of Statewide Order No. 29-B:
  • rig movement and reporting,
  • information in applications to drill,
  • casings,
  • mandatory diverter systems and blowout preventers ,
  • oil and gas well-workover operations,
  • diesel engine safety, and
  • drilling fluid regulations.
The effective date for this extended Emergency Rule is June 19, 2014, and it will remain effective for 120 days, or until the adoption of the final version, whichever occurs first.

LDNR Regulation
Office of Conservation – Extending Commercial Facilities and Transfer Stations Setbacks under Statewide Order No. 29-B
LAC 43:XIX.507
PROPOSED RULE – 7/20/2014
This rule proposes to amend LAC 43:XIX.507, changing the current regulations pertaining to E&P waste commercial facilities and transfer stations to require a setback of 1,500 feet (an increase of 1,000 feet) from a residential, commercial, or public building, church, school or hospital.
August 28, 2014
9:00 AM
September 4, 2014
4:30 PM
Copyright © 2014 Taylor Porter, All rights reserved.


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